c:\joan\files\johnson,nadine\pleadings\amended complaint 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

NADINE JOHNSON 

6434 N. 15th Street 

Philadelphia, PA 19126 

 Plaintiff 

 vs. 

NCO FINANCIAL SYSTEMS INC. 

513 Pennsylvania Avenue 

Fort Washington, PA 19034 

 Defendant 

CIVIL ACTION 

NO. 02-cv-4489 

AMENDED COMPLAINT

I. INTRODUCTION

1. This is an action for damages brought by a consumer pursuant to the Fair Debt 

Collection Practices Act, 15 U.S.C. §1692 (hereinafter “FDCPA”) which prohibits collectors 

from engaging in abusive, deceptive and unfair practices. Defendant has attempted to 

improperly collect funds from the plaintiff for the payment of a debt that was owed by the 

plaintiff’s sister, in violation of the FDCPA. 

2. Declaratory relief is available pursuant to 28 U.S.C. §2201 and §2202. 

II. JURISDICTION

3. Jurisdiction arises under 15 U.S.C. §1692k and 28 U.S.C. §1337. 

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III. PARTIES

4. Plaintiff is Nadine Johnson. She is a consumer who resides in Philadelphia, 

Pennsylvania at the address captioned. 

5. Defendant, NCO Financial Systems, Inc. (hereinafter “NCO”) is believed to be a 

Pennsylvania business with a principal place of business as captioned. 

6. The principal purpose of defendant NCO is the collection of debts using the mails 

and telephone and defendant NCO regularly attempts to collect debts alleged to be due another. 

NCO is a “debt collector” as that term is contemplated in the FDCPA, 15 U.S.C. §1692a(6). 

IV. STATEMENT OF CLAIM

7. Beginning in January of 2002, collectors with the defendant, NCO, wrote to 

Jacquelyn Proctor with regard to a debt that was allegedly owed on a Mellon Bank Account. 

8. On January 11, 2002, with the permission of the plaintiff, Nadine Johnson, 

Jacquelyn Proctor allowed the defendant NCO to withdraw, by use of electronic means, $50.00 

from a Sovereign Bank Account, Numbered 2181018855, that was owned by Nadine Johnson. 

This permission was given for a one time withdrawal from this account. 

9. On February 9, 2002, the defendant, NCO wrote to Jacquelyn Proctor stating “the 

post dated check you authorized us to deposit in the amount of $854.51 will be deposited on 

2/18/02 and credited to your account.” (See correspondence of February 9, 2002, attached as 

Exhibit “A”). 

10. On February 13, 2002, Jacquelyn Proctor called the defendant to inform them that 

she did not authorize any post dated check to be processed, as was stated in the February 9, 2002 

correspondence attached as Exhibit “A”. 

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11. On February 18, 2002, despite being notified that they had no authority to do so, 

the defendant, NCO, withdrew $854.51, from the aforementioned Sovereign Bank Account of 

Nadine Johnson, Numbered 218101885. 

COUNT I - FAIR DEBT COLLECTION PRACTICES ACT

12. Plaintiff repeats the allegations contained above as if the same were here set forth 

at length. 

13. The acts by defendant described above violates the Fair Debt Collection Practices 

Act, in the following ways: 

 (a) In using false, deceptive, and misleading means in the connection with the 

collection of a debt by taking an action that cannot legally be taken in violation of 15 U.S.C. 

§1692e(5); 

 (b) In using unfair means to collect or attempt to collect a debt by the 

collection of funds not authorized by the agreement creating the debt or permitted by law, in 

violation of §1692f; 

 (c) In using unfair means to collect or attempt to collect a debt by taking 

funds from the plaintiff, Nadine Johnson’s checking account without notifying her of the 

defendant’s intent to do so, in violation of §1692f(2). 

WHEREFORE, Plaintiff Nadine Johnson demands judgment against defendant NCO 

Financial Systems, Inc. for: 

 (a) Actual Damages; 

 (b) Statutory damages; 

 (c) Attorney’s fees and costs; 

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 (d) A declaration that the conduct complained of violates the provisions of the 

FDCPA. 

 (e) Such other and further relief as the Court shall deem just and proper. 

V. DEMAND FOR JURY TRIAL

 Plaintiff demands a trial by jury as to all issues so triable. 

 Respectfully submitted: 

Date: _________ _____________________________ 

 CARY L. FLITTER 

 ANDREA M. DEUTSCH 

 Attorneys for Plaintiff 

 LUNDY, FLITTER, 

 BELDECOS & BERGER, P.C. 

 450 N. Narberth Avenue 

 Narberth, PA 19072 

 (610) 668-0772 

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